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6-2020
Freedom of Information Information Statement 2020 Freedom of Information Information Statement 2020
Department of Primary Industries and Regional Development, Western Australia
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Recommended Citation Recommended Citation
Department of Primary Industries and Regional Development, Western Australia. (2020), Freedom of Information Information Statement 2020. Department of Primary Industries and Regional Development, Perth. Book.
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Freedom of Information
Information Statement 2020
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Disclaimer
This document has been produced by the Department of Primary Industries and Regional Development. Any representation, statement, opinion or advice expressed or implied in this publication is made in good faith and on the basis that the Government, its employees and agents accept no liability whatsoever by reason of negligence or otherwise arising from the use or release of this information herein.
This Information Statement is licensed under a Creative Commons licence Attribution 3.0 Australian Licence. You are free to reuse the work under that licence, on the condition that you attribute the Department of Primary Industries and Regional Development as an author; indicate if changes were made; and comply with these licence conditions. The licence does not apply to any branding or images.
Licence URL: https://creativecommons.org/licenses/by/3.0/au/
© State of Western Australia
Document Controls
Security classification: Public
Authority: Department of Primary Industries and Regional Development Published: June 2020
Enquiries
Freedom of Information Information Services
Department of Primary Industries and Regional Development [email protected]
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Contents
Disclaimer ... 2
Document Controls ... 2
Enquiries ... 2
1. The Organisation ... 4
1.1 Strategic Intent ... 5
1.2 Organisational Structure ... 6
2. Legislation Administered ... 8
3. Bodies related to the Department ... 8
3.1 Agricultural Produce Commission ... 9
3.2 Land Conservation District Committees ... 9
3.3 Perth Market Authority ... 10
3.4 Potato Marketing Corporation ... 10
3.5 Regional Development Council ... 10
3.6 Rural Business Development Corporation ... 11
3.7 Veterinary Surgeons’ Board ... 11
3.8 Western Australian Meat Industry Authority ... 12
4. Public Participation ... 13
5. Documents held by the Department ... 13
6. Freedom of Information ... 14
6.1 Access Applications ... 14
6.2 Fees and Charges for Access Applications ... 15
6.3 Access Arrangements ... 16
6.4 Notice of Decision ... 16
6.5 Rights of Review ... 16
6.6 Amendment of Personal Information... 17
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Introduction
This Information Statement is provided in accordance with section 96 and 97 of the Freedom of Information Act 1992 (WA) (FOI Act).
The purpose of the Information Statement is to ensure that information concerning the structure and functions of the Department of Primary Industries and Regional Development (the Department) and types of documents held by the Department is available to the public. Comprehensive information regarding the operations of the Department may be found on our website.
The FOI Act provides the public with the right to access to information held by State and local governments not routinely available to the public. It also assists the public to ensure that personal information held by government is accurate, complete, up to date, and not misleading.
The Department is committed to assist the public to obtain prompt access to documents at the lowest reasonable cost in the spirit of the FOI Act, to ensure openness, transparency, and accountability as a government agency.
1. The Organisation
In 2017, the Premier of Western Australia announced a series of Machinery of Government changes to the public sector commencing with the amalgamation of a number of government departments.
These structural changes are aimed at creating collaborative departments focused on whole-of-government objectives and delivering services in a more efficient and effective way.
The Department of Primary Industries and Regional Development (the Department) comprises existing agencies and their components, including:
• Department of Agriculture and Food
• Department of Fisheries
• Department of Regional Development
• Agricultural Produce Commission
• Western Australia’s nine Regional Development Commissions o Gascoyne Development Commission
o Goldfields Esperance Development Commission o Great Southern Development Commission o Kimberley Development Commission o Mid West Development Commission o Peel Development Commission
o South West Development Commission o Wheatbelt Development Commission
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1.1 Strategic Intent
The Department’s Strategic Intent 2018-21 provides a high-level outline of our purpose, role, strategic priorities and key initiatives towards achieving our goals to Protect, Grow and Innovate in our primary industries and regions in Western Australia.
Purpose
To create enduring prosperity for all Western Australians.
Goals
• Protect: To manage and provide for sustainable use of natural resources and soils, and to protect Western Australia’s brand and reputation as a reliable producer of premium, clean and safe food, products and services.
• Grow: To enable the primary industries sector and regions to increase international competitiveness, and grow in value and social amenity, strengthening these key pillars of the State’s economy.
• Innovate: To support a culture of scientific inquiry, innovation and adaptation across primary industries and regions to boost transformation, economic growth and employment.
Primary Industries and Regions
• Western Australia’s primary industries and regions are vital drivers of the State’s economy and prosperity.
• Strong regional leadership supports the growth of strong regional communities that are desirable places to live, work and invest.
• The primary industries include agriculture, commercial fisheries, and aquaculture, providing jobs and exports, and supporting a growing food industry and other agribusinesses.
• Fisheries support a vibrant recreational fishing sector and regional tourism.
• Protection and sustainability of our natural resources to accelerate ongoing economic growth, job creation and regional development.
• Collaboration and coordination are paramount to intersect the interests of vital stakeholders.
Our values
• We value relationships
• We are resilient
• We are responsive
• We focus on results Delivery of services
Promote a high-performing organisation of excellence, with an innovative, agile and collaborative workforce, delivering effective and efficient public services. Encourage a strong regional footprint and connections within and across regions, will ensure:
• Strong external partnerships and engagement to maximise positive impact.
• Support of sustainable primary industries and regions.
• Collaboration across government to address complex issues.
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• Future-orientation to position Western Australia for on-going prosperity.
• Aboriginal entrepreneurship and engagement in natural resource management.
• Leverage resources and funding to deliver vital priorities.
Strategic Plan
The Department will achieve its goals by delivering on key initiatives in relation to the following strategic priorities:
• Biosecurity: Delivering respected and recognised State biosecurity.
• Sustainability: Sustaining State land, water and aquatic resources, reputation and competitive advantage.
• International competitiveness: Growing internationally competitive industries and businesses.
• Regional opportunities: Capturing regional opportunities to promote economic growth, job creation, local capability and social amenity.
• Research development and innovation: Harnessing the science and technology required to grow Western Australia’s primary industries, food processors and regions.
• Enabling environment: Creating and enabling an environment for primary industries and regions through legislation, policy, business systems and practice.
1.2 Organisational Structure
The Department is responsible to the Minister for Regional Development; Agriculture and Food, and the Minister for Fisheries.
The Department’s structure is led by the Director General and incorporates three pillars to support the Western Australian primary industry types and regional development.
Sustainability and Biosecurity
This pillar integrates biosecurity, resource management, and operations and compliance functions. It is largely regulatory and market access focused, helping ensure Western Australia maintains its enviable reputation as a producer of safe, sustainable and biosecure agricultural and aquatic products.
Industry and Economic Development
Undertakes research, development and innovation to boost the productivity, profitability and international competitiveness of agriculture, fisheries and food sectors across the value chain, and grow the value and diversification of regional economies.
Capability and Performance
This pillar supports all Department employees to drive strategy, resources and the capability to deliver meaningful public services.
2. Legislation Administered
The Department administers the following Acts and Regulations on behalf of the Minister for Regional Development; Agriculture and Food, and the Minister for Fisheries.
• Aerial Spraying Control Act 1966
• Agricultural Produce Commission Act 1988
• Agricultural and Veterinary Chemicals (Taxing) Act 1995
• Agricultural and Veterinary Chemicals (Western Australia) Act 1995
• Agriculture and Related Resources Protection Act 1976
• Animal Welfare Act 2002
• Biosecurity and Agriculture Management Act 2007
• Biological Control Act 1986
• Bulk Handling Act 1967
• Exotic Diseases of Animals Act 1993
• Fish Resources Management Act 1994
• Fisheries Adjustment Schemes Act 1987
• Fishing and Related Industries Compensation (Marine Reserves) Act 1997
• Fishing Industry Promotion Training and Management Levy Act 1994
• Gene Technology Act 2006
• Industrial Hemp Act 2004
• Loans (Cooperative Companies) Act 2004
• Ord River Dam Catchment Area (Straying Cattle) Act 1967
• Pearling Act 1993
• Regional Development Commissions Act 1993
• Royal Agricultural Society Act 1926
• Royalties for Regions Bill 2009
• Royalties for Regions Act 2009
• Rural Business Development Corporation Act 2000
• Soil and Land Conservation Act 1945
• Tree Plantation Agreements Act 2003
• Veterinary Surgeons Act 1960
• Western Australian Meat Industry Authority Act 1976
3. Bodies related to the Department
Pursuant to Schedule 2, clause 2(4) of the FOI Act, the Freedom of Information Regulations 1993 (FOI Regulations) declares that certain bodies are regarded as being part of the Department for the purposes of the FOI Act.
The Department is responsible for dealing with applications on behalf of the following bodies:
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3.1 Agricultural Produce Commission
The Agricultural Produce Commission (APC) is a statutory authority established under the Agricultural Produce Commission Act of 1988 (APC Act) comprising of four Commissioners appointed by the Minister for Agriculture and Food.
The role of the APC is to form producers’ committees and provide governance and other services to those committees in accordance with the functions set out in the APC Act.
The APC facilitates the growth and prosperity of agricultural industries through producers’ committees initiated, funded research and development programs.
APC producers’ committees are established with the object of enhancing and protecting the producer’s investment in their industry through facilitating and managing producer industry-based programs in a wide range of areas that include product and market development, improving production and handling systems and management of biosecurity risks.
The APC is responsible for the following subsidiary legislation:
• Agricultural Produce (Egg Production Industry) Regulations 2006
• Agricultural Produce (Pork Production Industry) Regulations 2004
• Agricultural Produce (Beekeeping Industry) Regulations 2003
• Agricultural Produce (Horticultural Industry) Regulations 2001
• Agricultural Produce (Prescribed Agricultural Industries and Services) Regulations 2001
• Producers Committees (Polling) Regulations 1990 Publically accessible documents
The APC has formal directions that assist producers’ committees in carrying out their functions, as well as the APC’s code of conduct and committee procedural manual.
These documents can be located on the APC’s website at www.apcwa.org.au.
3.2 Land Conservation District Committees
Land Conservation District Committees (LCDCs) are statutory committees established under section 23 of the Soil and Land Conservation Act 1945 (SLC Act) to administer Land Conservation Districts. The main function is to promote land management and to undertake related projects. The following committees are currently active:
• Ashburton Land Conservation District Committee
• Bruce Rock Land Conservation District Committee
• Capel Land Conservation District Committee
• Carnamah Land Conservation District Committee
• Carnarvon Land Conservation District Committee
• Chittering Valley Land Conservation District Committee
• Coolup Land Conservation District Committee
• Dumbleyung Land Conservation District Committee
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• Katanning Land Conservation District Committee
• Kellerberrin Land Conservation District Committee
• Lake Grace Land Conservation District Committee
• Lower Blackwood Land Conservation District Committee
• Merredin Land Conservation District Committee
• Mount Marshall Land Conservation District Committee
• North Kimberley Land Conservation District Committee
• North Swan Land District Committee
• Nyabing/Pingrup Land Conservation District Committee
• Piawaning/Yerecoin Land Conservation District Committee
• Quairading Land Conservation District Committee
• Ravensthorpe Land Conservation District Committee
• Roebourne/Port Hedland Land Conservation District Committee
• Serpentine/Jarrahdale Land Conservation District Committee
• Tunney Land Conservation District Committee
• Upper Gascoyne Land Conservation District Committee
• Waddy Forest Land Conservation District Committee
• West Kimberley Land Conservation District Committee
• West Koojan/Gillingarra Land Conservation District Committee
• Woodanilling Land Conservation District Committee
3.3 Perth Market Authority
The Perth Market Authority (PMA) was responsible for the ownership and management of Market City, playing a critical role in the marketing and distribution of fresh produce in Western Australia.
The PMA ceased all trading activities on 31 March 2016 with the sale of Market City to Perth Markets Limited. As at 30 June 2016, the Authority was abolished. As a result, all temporary records were transferred to the Department and can be accessed via the FOI Act. The remaining archived records held by the PMA were transferred to the State Records Office of Western Australia.
3.4 Potato Marketing Corporation
Established by the Marketing of Potatoes Act 1946, the Potato Marketing Corporation (PMC) was a statutory corporation operated to ensure licensed growers supplied potatoes to the WA consumer market.
The passage of the Marketing of Potatoes Amendment and Repeal Act 2016 amended the Marketing of Potatoes Act 1946 to abolish the PMC on 31 December 2016.
Consequently, all records held by the PMC were transferred to the Department and can be accessed via the FOI Act.
3.5 Regional Development Council
Established by the Regional Development Commissions Act 1993, the Regional Development Council (RDC) is a key advisory body to the Western Australian Government on regional development issues and for that purpose to:
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• Promote development in the regions
• Develop policy proposals on development issues affecting one or more of the regions
• Facilitate liaison between commissions and relevant government agencies and the coordination of their respective functions
• Promote liaison between local, State and Commonwealth government bodies with respect to regional issues, and the coordination of their respective policies on those issues
Publically accessible documents
Information regarding the RDC’s policy framework and other publications are available on our website.
3.6 Rural Business Development Corporation
The Rural Business Development Corporation (RBDC) is established under section 5 of the Rural Business Development Corporation Act 2000 (RBDC Act) and consists of five directors appointed by the Minister for Agriculture and Food. The role of the RBDC is to administer approved assistance schemes for the farm sector on behalf of the Western Australian state government and deliver other services for the benefit of rural industry.
The RBDC Act allows the RBDC to:
• Administer approved assistance schemes and to ensure that such schemes administered by the corporation are properly and fairly administered.
• Provide financial assistance to a department of the public service, or to an agency or instrumentality of the Crown, for the purposes of the financial assistance to be given under an approved assistance scheme administered by the department, agency or instrumentality.
• Research and develop policies on issues affecting persons likely to be given financial assistance under the RBDC Act.
Publically accessible documents
The RBDC’s annual report and Customer Service Charter can be located on our website.
3.7 Veterinary Surgeons’ Board
The Veterinary Surgeons’ Board (VSB) is the statutory authority responsible for administering the Veterinary Surgeons’ Act 1960. The role of the VSB is to regulate in the public interest, the practice of veterinary surgery in Western Australia, by:
• Registering persons holding approved qualifications as veterinary surgeons or veterinary specialists.
• Registering the practice of veterinary surgery bodies corporate.
• Registering premises for use as veterinary hospitals or veterinary clinics.
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• Approving qualified persons to carry out the duties of veterinary nurses and authorises persons enrolled in approved courses to perform the duties of trainee veterinary nurses.
• Authorising non registered persons to perform prescribed veterinary services.
• Ensuring the maintenance of appropriate professional standards by registered veterinary surgeons, veterinary nurses, trainee veterinary nurses, veterinary students and authorised persons.
• Investigating allegations of unprofessional conduct against veterinary surgeons and veterinary nurses.
• Referring cases to the State Administrative Tribunal (SAT) or the Magistrates Court for the prosecution of persons who have allegedly breached the Act.
• Recommending the level of prescribed fees pertaining to the administration of the Act.
Publically accessible documents
The VSB publishes a quarterly newsletter which is issued to all registered veterinary surgeons and nurses, containing information regarding current issues for the veterinary profession in Western Australia and other relevant topics. Publications are available on VSB’s website at www.vsbwa.org.au.
3.8 Western Australian Meat Industry Authority
The Western Australian Meat Industry Authority (WAMIA) is established under the Western Australian Meat Industry Authority Act 1976. Governed by a board, the following functions are carried out by WAMIA:
• Survey and review establishments and facilities available in the State for the sale of livestock and for the slaughter of animals and the processing of carcases for human consumption.
• Inspect and approve facilities and operations of saleyards, processing establishments and works, and records in respect of each establishment its effective capacity and actual performance.
• Implement schemes and practices for the branding of carcases or meat, to define and identify source, methods of production, processing treatments, quality and other characteristics.
• Manage the Muchea Livestock Centre.
• Encourage and promote efficiency throughout the meat industry.
• Advises the Minister generally, and any matter relating to the meat industry referred to it by the Minister, or any matter that it considers necessary.
Publically accessible documents
Information regarding market reports and special sales are available on the WAMIA’s website at www.wamia.wa.gov.au.
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4. Public Participation
The Department is responsible for identifying key strategic issues and direction in the primary industries and regional development sector and providing pro-active, informed and timely advice to industry, government and community bodies.
The strategic directions of projects are developed through consultation with external stakeholders to ensure meaningful results to deliver industry and community needs.
The Department promotes community participation by encouraging members of the public to participate in targeted communication opportunities via research surveys, local and community newspapers and online communication forums.
Feedback and Complaint Management
An effective complaints management system is an essential component of the Department’s provision of quality services to the community and industry. In measuring and monitoring customer satisfaction, crucial information is obtained to improve service delivery.
Should you wish to submit a complaint or feedback regarding a particular issue, a form is available on the Department’s website.
5. Documents held by the Department
The Department holds an extensive range of documents in response to the services it provides, including an extensive range of publications such as fact sheets, technical information and industry development advice. Publications can be made available in alternative formats upon request.
Library Facilities
The Library contains an extensive collection of agricultural and fisheries books, reports and journals with an emphasis on Western Australia. The Library catalogue is available to the public via our website, in addition to the online Research Library.
Members of the public are encouraged to view the collection available at South Perth and Hillarys offices.
Contact information
Email: [email protected] Locations
Department of Primary Industries and Regional Development 3 Baron Hay Court
South Perth WA 6151 Telephone: +61 (08) 9368 3985 Department of Primary Industries and Regional Development WA Fisheries and Marine Research Laboratories
39 Northside Drive
Hillarys WA 6025 Telephone: +61 (08) 9203 0120
Page 14 Information Management
Under the State Records Act 2000 (SR Act) the Department is required to have an approved recordkeeping plan. This plan sets out how records are created, managed, and for what period of time the Department is required to retain records before they are destroyed. The Department’s Recordkeeping Plan was approved by the State Records Commission and is updated regularly in accordance with Section 28(5) of the SR Act.
The Department currently has three separate electronic document and records management system (EDRMS) used by employees to store and manage corporate information in the form of electronic, hard copy and digitised records. Documents registered in each EDRMS are contained in classified files that are divided into areas based on an organisational structure. The Department also maintains a number of other functional corporate databases and information systems to record customer information and other data.
Privacy
The collection of personal information of members of the public occurs regularly in the Department. Although the Western Australian public sector does not currently have any legislative privacy conditions, all personal information collected by the Department is managed in accordance with the Australian Privacy Principles as contained in Schedule 3 of the Commonwealth Privacy Act 1988.
The Department’s policy framework details procedures in place to prevent the misuse of personal information within or by the Department, with specific procedures relating to each business area that obtains, uses and stores personal information.
6. Freedom of Information
The FOI Act is designed to promote openness and transparency by providing a general right of access to documents held by State and local government agencies.
The Department is committed to providing public access to documents at the lowest reasonable cost, and to enable the public to ensure that personal information in documents is accurate, complete, up to date and not misleading.
6.1 Access Applications
An application submitted under the FOI Act must:
• be in writing
• give enough information so that the documents requested can be identified
• give an Australian address to which notices can be sent
• be lodged at the agency (any office) with any application fee payable
A Freedom of Information application form is available on the Department’s website.
Applications and enquiries may be directed to:
Page 15 Freedom of Information
Department of Primary Industries and Regional Development Locked Bag No 4
Bentley Delivery Centre WA 6983 Email: [email protected]
6.2 Fees and Charges for Access Applications
A scale of fees and charges is outlined in Schedule 1 to the FOI Regulations. Requests for access to non-personal information, or a document that contains personal information about a third party (other than the applicant), requires a $30 application fee. Payment is required at the time of lodging the application. If an applicant wishes to lodge an application in person, the fee can be paid in cash, cheque or money order.
To lodge an application by post, a cheque or money order should be made payable to the Department of Primary Industries and Regional Development.
Types of fees
Type of fee Charge
Personal information about the applicant No fee
Application fee (for non-personal information) $30.00
Other types of fees
If an application is likely to divert a substantial and unreasonable portion of the Department’s resources away from its other operations, the Department may decide to impose charges. However, apart from the application fee for non-personal information, all charges are discretionary. Charges that may be imposed, include:
Type of fee Charge
Charge for time dealing with the application (per hour or pro rata) $30.00
Access time supervised by staff (per hour or pro rata) $30.00
Photocopying staff time (per hour or pro rata) $30.00
Per photocopy 20 cents
Transcribing from tape, film or computer $30.00
Duplicating a tape, film or computer information Actual cost
Delivery, packaging and postage Actual cost
Deposits
Deposit requirements Percentage
of total charge
Advance deposit is required of the estimated charges 25%
Further advance deposit may be required to meet the charges
for dealing with the application 75%
For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge
payable is reduced by 25%
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6.3 Access Arrangements
An applicant may be entitled to access documents in electronic or hardcopy form, or by way of inspection.
6.4 Notice of Decision
Following the lodgement of a valid application, the Department is required to issue a notice of its decision as soon as practicable but, in any case, within 45 days.
A notice of decision will include:
• the date the decision was made
• the name and the designation of the Decision Maker
• if the document contains exempt information, reasons for classifying the matter exempt and the type of access provided to a document
• information outlining the right to review and the procedures to be followed to exercise those rights
6.5 Rights of Review
Internal review
Applicants who are dissatisfied with a decision made by the Department are entitled to ask for an internal review by the Department. Applications for internal review must be made in writing within 30 days of receiving the notice of decision. Applications will be notified of the outcome of the review within 15 days.
If an applicant disagrees with the internal review decision they may then apply to the Information Commissioner for an external review.
External Review
An applicant may lodge a complaint with the Information Commissioner, to request an external review of the internal review decision if not satisfied with the outcome. A complaint to the Information Commissioner’s office must be lodged within 60 days of receiving the notice.
A complaint to the Information Commissioner must:
• be in writing
• include a copy of the Department’s decision
• provide an Australian address
There is no charge for lodging a complaint with the Information Commissioner’s Office.
For queries or further information about an applicant’s review rights, please contact the Office of the Information Commissioner:
Office of the Information Commissioner Albert Facey House
469 Wellington Street
Perth WA 6000 (entry off Forrest Place)
Page 17 Phone: +61 (0)8 6551 7888
Country Callers: 1800 621 244 (WA only) Email: [email protected]
Website: foi.wa.gov.au
6.6 Amendment of Personal Information
The FOI Act provides members of the public the right to apply for the amendment of personal information held by the Department if the information is inaccurate, incomplete, out-of-date or misleading.
Applications for the amendment of personal information must:
• be in writing
• provide sufficient details to enable the document that contains the personal information to be identified
• provide details of the information that is inaccurate, incomplete, out of date or misleading
• provide reasons for holding that belief
• provide details of the amendments requested
Personal information must be about the applicant and proof of identity is required before the Department can begin to process the application.